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Home My WebLink About2016 12 21 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 21, 2016, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided by Council member Pacheco PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tern Susan Rubio Mayor Manuel Lozano • REPORT ON CLOSED SESSION Mayor Lozano stated that no action was taken on items discussed in Close Session. ANNOUNCEMENTS A motion was made by Mayor Lozano, seconded by Council member Garcia, and carried (5—0) to add an urgency item to the agenda pertaining to the Water Quality Board. Mayor Lozano noted that the Mayor of La Puente, Valerie Munoz, was in attendance. Council member Rubio congratulated Al Contreras on his recent election to the Board of the Upper San Gabriel Valley Water Authority. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS CENTER MEDIAN LANDSCAPING IMPROVEMENTS—STATUS UPDATE Lacey Withers, representing Withers and Sandgren, did a presentation and provided a status update on the City's Center Medial Landscaping Improvements Project. CITY TRANSPORTATION STATUS UPDATE— BUSSES AND TROLLEYS Sam Gutierrez, Interim Director of Public Works, narrated a PowerPoint presentation and provided an update on bus and trolley services in Baldwin Park. COMPRESSED NATURAL GAS (CNG) STATION PROJECT—STATUS UPDATE Sam Gutierrez, Interim Director of Public Works, narrated a PowerPoint presentation to provide an update on the proposed CNG station installation project. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:26 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Jorie Rodriquez, representing Becker Board, extended holiday wishes to Council and staff. Al Contreras, Baldwin Park resident, expressed concern regarding the Median Landscape project and opined that this should be an action item rather than a consent item, especially since it will cost $1.2 million; noted that there are locations where the sprinkler system are in disrepair; provide suggestions for different trees rather than those suggested by the consultant. Jesse Flores, Baldwin Park softball coach, introduced his all-girl softball team; spoke of the benefits to the girls and sought support for the team through recognition and that information about the team be passed along to the community; noted some of the sponsors. Valerie Munoz, Mayor of La Puente, extended holiday wishes and sought support for nomination to the Water Quality Authority. Greg Tuttle, Baldwin Park business owner, opined that the Business Association funds are being used for the Baldwin Park NOW but that it is of no benefit to the businesses; congratulated Al Contreras; commended the Police Department on their toy drive; expressed support the Mr. Contreras's position on the Median Landscape project, noting that the presentation did not provide much in the way of illustrating what the new landscape will look like and that the consultant should be providing more of a presentation if the City is going to spend $1.5 million on it. Seeing no others wishing to speak, Public Communications closed at 7:56 p.m. CONSENT CALENDAR Council pulled Item No. 3, 5, 6 and 8 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: Lozano. ABSTAIN: None. 2. TREASURER'S REPORT—OCTOBER 2016 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. Page 2 of 7 ABSENT: None. ABSTAIN: None. 3. APPROVE AND ADOPT APPROVE THE AWARD OF BID, CITY PROJECT NO. 2016- 0165, MEDIAN LANDSCAPE IMPROVEMENTS PROJECT, CIP PROJECT NO. 23, TO YAKAR GENERAL CONTRACTORS, INC. Staff recommends that Council approve and award the contract to Yakar General Contractors, Inc., in the amount of $1,587,744.30, and authorize the Mayor to execute the contract for City Project No. 2016-0165 - Center Median Landscape Improvements. Mayor Pro Tem Rubio noted that this project was presented in Study Session and the selection of plants and trees was done by Council; concurred that a presentation at the Regular meeting would have been appropriate. Council member Pacheco is in support of the item but would like to see a more expanded presentation to include illustration of what the project will look like when completed and to get more information out to the community. A motion was made by Rubio, seconded by Baca, and carried (5—0)to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0123 TRAFFIC SIGNAL INSTALLATION AT LOS ANGELES STREET AND HORNBROOK AVENUE Staff recommends that Council 1. Accept the construction improvements by PTM General Engineering Services, Inc., and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of$10,207.11 in retention funds to PTM General Engineering Services, Inc., upon expiration of the 35-day notice period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to accept the construction improvements by PTM General Engineering Services, Inc., and authorize the recordation of a Notice of Completion; and authorize the payment of $10,207.11 in retention funds to PTM General Engineering Services, Inc., upon expiration of the 35-day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. CITY OF BALDWIN PARK SB 1693 BUSINESS IMPROVEMENT TAX (BIT) FUND ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 Staff recommends that Council receive and file the SB1693 Business Improvement Tax (BIT) Fund Annual Financial Report for the Fiscal Year ended June 30, 2016. Mayor Pro Tern Rubio expressed concern with how the funds are being spent and whether it is having a direct benefit to businesses; suggested that the item be held Page 3 of 7 over to another meeting; sought clarification from the Finance Director as to whether there is any kind of timeline or deadline associated with this item. Finance Director Tam explained that this is a state-required report and represents an annual financial statement illustrating expenditures for the fiscal report. A motion was made by Rubio, seconded by Pacheco and carried (5—0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZATION TO PURCHASE POLICE DEPARTMENT VEHICLES WITH AQMD GRANT FUNDS Staff recommends that Council: 1. Accept the recommended bid from Wondries Ford for the purchase of three (3) vehicles; and 2. Authorize the Police Department to work in conjunction with the Public Works Department to purchase all new vehicles; and 3. Authorize the Acting Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. Council member Baca sought clarification to make sure that it was understood that the vehicles are being purchased using grant funds and no monies will be drawn from the General Fund. A motion was made by Baca, seconded by Lozano, and carried (5—0)to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. SECOND READING OF ORDINANCE NO. 1394, AN AMENDMENT TO SECTION 153.170.105 OF THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARDS AND ORDINANCE NO. 1395, AUTHORIZING THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BULLETIN DISPLAYS, LLC Staff recommends that Council adopt Ordinance Nos. 1394 and 1395 on second reading, read by title only, and waive any further reading thereof. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to adopt Ordinance Nos. 1394 and 1395 on second reading, read by title only, and waive any further reading thereof. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. APPROVAL OF A DESIGN SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) METROLINK AND AMENDMENT OF CURRENT AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR DESIGN OF A TRAFFIC SIGNAL AND QUITE ZONE CROSSING Page 4 of 7 IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NOS. 31 AND 32 (PACIFIC AVENUE AND BOGART AVENUE) Staff recommends that Council: 1. Approve an agreement with Southern California Regional Rail Authority (SCRRA) for railroad design review services and authorize the Mayor to execute the agreement in an amount not to exceed $50,000; and 2. Approve the amendment to the existing consultant agreement with Evan Brooks and Associates (EBA) for design of a traffic signal and Quiet Zone Improvements and authorize the Mayor to execute the amended agreement in an amount not-to-exceed $45,000; and 3. Authorize staff to process past due invoices related to services provided under the current agreement with Evan Brooks and Associates (EBA) in the amount of $24,568. Mayor Pro Tem asked that the word "Quite" be corrected to read "Quiet." A motion was made by Rubio, seconded by Garcia, and carried (5—0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 9. DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE TRACT MAP TO SUBDIVIDE FOUR (4) PROPERTIES INTO FORTY-EIGHT (48) PROPERTIES AND A SPECIFIC PLAN FOR THE DEVELOPMENT OF A 47 UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT AND ONE (1) COMMON LOT (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, -043, -047, - 059, -065 THROUGH -103, -060, -061, -062, -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z-555, SP 16-01, AND TM-73354.) Council member Pacheco recused himself from this item as he has property adjacent to the proposed site. He then left the dais. Abraham Tellez, City Planning staff, provided a narrative summary of the request, including a PowerPoint presentation and noting the changes that had been made in response to Council direction. Council discussed various aspects of the esthetics and making sure that the parking was in line with the number of units. Staff and the Planning Commission recommend that the Council: 1) Adopt Resolution 2016-158 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A GENERAL PLAN AMENDMENT, A ZONE CHANGE, A SPECIFIC PLAN TO FACILITATE THE DEVELOPMENT OF A 47-UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT, AND FOR A TENTATIVE TRACT MAP. (LOCATION: 14837- 14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015- 037, -043, -047, -059, -065 THROUGH -103, -060, -061, -062, -105; Page 5 of 7 APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z- 555, TM-73354, AND SP 16-01);" and 2) Adopt Resolution 2016-159 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVE A GENERAL PLAN LAND USE MAP AMENDMENT, A TENTATIVE TRACT MAP, AND A SPECIFIC PLAN TO SUBDIVIDE FOUR LOTS INTO FORTY-EIGHT FOR A 47-UNIT DETACHED GATED CONDOMINIUM PROJECT AND ONE COMMON LOT WITHIN THE R-G (RESIDENTIAL GARDEN) AND MU-2 (MIXED USE 2) ZONES (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, -043, -047, -059, -065 THROUGH -103, -060, - 061, -062, -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z-555, TM-73354, AND SP 16-01);" and 3) Introduce for first reading, by title only and waive further reading, Ordinance 1393, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE FROM RG/PD (RESIDENTIAL GARDEN PLANNED DEVELOPMENT) AND MU-2 (MIXED-USE 2) TO R-3 (HIGH DENSITY RESIDENTIAL) AND TO APPLY THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBERS 8438-015-037, -059, -043, AND -047 (APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBER Z-555)." A motion was made by Lozano, seconded by Rubio, and carried (5-0) to 1) Adopt Resolution 2016-158 entitled, "A Resolution of the City Council of the City of Baldwin Park Approving and Adopting the Mitigated Negative Declaration pf Environmental Impact for a General Plan Amendment, a Zone Change, a Specific Plan to Facilitate the Development of a 47-Unit Single-Family Detached Gated Condominium Project, and for a Tentative Tract Map. (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, -105; Applicant: Cal 33 Partners, LLC; Case Numbers: AGP-118, Z-555, TM-73354, and SP 16-01);" and 2) Adopt Resolution 2016-159 entitled, "A Resolution of the City Council of the City Of Baldwin Park Adopting the Findings of Fact and Approve a General Plan Land Use Map Amendment, a Tentative Tract Map, and a Specific Plan to Subdivide Four Lots into Forty-Eight for a 47-Unit Detached Gated Condominium Project and One Common Lot Within The R-G (Residential Garden) and MU-2 (Mixed Use 2) Zones (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, -105; Applicant: Cal 33 Partners, LLC; Case Numbers: AGP-118, Z-555, TM-73354, and SP 16-01);" and • 3) Introduce for first reading, by title only and waive further reading, Ordinance 1393, entitled, "An Ordinance of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Zone Change from RG/PD (Residential Garden Page 6 of 7 Planned Development) and MU-2 (Mixed-Use 2) To R-3 (High Density Residential) and to Apply the Specific Plan (SP) Overlay to the Property Identified with Assessor Parcel Numbers 8438-015- 037, -059, -043, and -047 (Applicant: Cal 33 Partners, LLC; Case Number Z-555)." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. URGENCY ITEM - APPROVE AND ADOPT RESOLUTION NO. 2016-165, CASTING VOTE FOR A COUNCILMEMBER TO SERVE AS BOARD MEMBER REPRESENT CITIES WITHOUT PUMPING RIGHTS ON THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Staff recommends the City Council select a candidate from the List of Nominations provided by the San Gabriel Basin Water Quality Authority and adopt Resolution No. 2016-165, which will cast its vote for the selected Nominee to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority A motion was made by Lozano, seconded by Garcia, and carried (5—0) to nominate Valerie Munoz as a candidate to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Mayor Lozano is requesting City Council clarification and consensus on the previous tabling of the investigation and the referral of the matter to District Attorney. Mayor Lozano noted that this item had been previously discussed and considered, and would not be held for discussion at this time. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the mee 'ng at 8:35 p.m. Mayor ATTEST: ori Manuel Lozano, -yor AvA Alej- dra A ila, City erk APPROVED: s13// Page 7 of 7